Duncan estate paid to settle truck crash

Posted on Aug 29, 2014 11:33am PDT

PAINTSVILLE – A civil action was filed yesterday by Clifford Burchett
on behalf of Olivia Burchett, his daughter, for damages stemming from
the death of Christa Dawn Burchett on January 22, 2008. The lawsuit, filed
by Kirk Law Firm, seeks damages of $10 million.

Christa Dawn Burchett, Paintsville EMS Director and Assistant Fire Chief,
was killed by a coal truck operated by Leslie Spence, 38, of Tomahawk
when Spence lost control of his loaded tractor-trailer and hit Christa
and Erica Brown. Christa and Brian Moore were helping Erica into an ambulance
following an accident when all three were hit by Spence’s truck.
Erica died at the scene. Christa and Brian were taken to Paul B. Hall
Medical Center where Christa died. Brian was later released.

“A ‘loaded’ tractor-trailer is especially dangerous,”
the complaint alleges, “and must be operated very cautiously and
carefully, given the road conditions, especially if there is snow or ice
on the roads, in which case the truck should ‘stay off the road’
or, at least, speed should be decreased to whatever is appropriate.”

“Such vehicles, especially loaded with coal, should never be placed
upon the highways if they have brake, steering, or other defects,”
John Kirk said. The complaint alleges that the Spence vehicle had mechanical problems.

“January 22, 2008, was a ‘bad January weather’ day”
the complaint alleged and further stated, “it was very cold, roads
were wet, icy and treacherous, and travel upon 460, especially by ‘loaded’
coal trucks was extremely dangerous; such trucks should either have been
parked or should have “crawled along” the roadway at a ‘first
gear’ speed,” the complaint alleged.

“Because Spence’s tractor-trailer was ‘loaded,’
because he was traveling excessively fast and because he was traveling
on a treacherous road, he was operating his vehicle in a reckless, dangerous,
wanton and willful fashion without proper concern for others upon the
road,” it is alleged in the complaint.

Burchett’s suit alleges that the truck was overloaded and that it
was driven in a reckless and wanton manner and that such reckless and
wanton conduct was the proximate cause of the accident and Christa’s death.

Kirk Law Firm settled a lawsuit last year against Hall Trucking Company
and Appalachian Fuels in the death of Rev. Lon C. Preece. In that litigation,
Preece’s estate sought $20 million from the company that allegedly
overloaded the truck that killed Preece. “That truck weighed 150,150
pounds,” John Kirk said, “and the road on which it was traveling
was approved for 66,000 pounds.” Terms of the settlement were not
revealed but were reported to be seven figures.

Later last year, Kirk Law Firm settled another such legal action on behalf
of Paula Duncan, widow of Mitchell Duncan who was killed on his way to
work when his vehicle was crashed into by a loaded coal truck in Martin
County. The lawsuit in that case was filed against Francis Trucking Company
and against the coal company that allegedly overloaded the truck. Reportedly,
the truck weighed 126,000 pounds and the road on which the accident occurred,
Kentucky 293 east of Lovely, was approved for 44,000 pounds.

“Sadly, we see these kinds of accidents all too often,” John
Kirk said. “It is my opinion that steps need to be taken to do something
to slow down all these trucks. Just today, we filed another such case
on behalf of the little kids of Joe Rigsby and tomorrow we are filing
yet another one, this one on behalf of Wendy Haney and her two little
kids. Both Joe and Wendy’s husband, Ronald, were killed when loaded
coal truck hit them.”